NAIROBI, Kenya – The High Court has warned parties against engaging in procedural tactics in the long-running case over the disappearance of security analyst Mwenda Mbijiwe, four years after he was allegedly abducted.
Justice Martin Muya issued the warning on Tuesday after Inspector General of Police Douglas Kanja and Director of Criminal Investigations Mohamed Amin failed to appear in court despite being ordered to do so.
The two senior police officers had been summoned to personally explain the status of investigations and Mbijiwe’s whereabouts. Instead, they were represented by lawyer Paul Nyamodi and an investigating officer.
Their absence prompted Mbijiwe’s mother, who is the applicant in the case, to urge the court to issue warrants of arrest against the two officials for defying court orders.
However, Nyamodi opposed the request, arguing that his clients had not been served with the summons.
He further asked the court to allow the investigating officer to address the matter, saying the officer was best placed to explain the progress of investigations.
“I took time at the beginning to explain that the investigating officer is present and that the court made directions for the two senior officers without having had an opportunity to hear the status of the investigations,” Nyamodi told the court.
Nyamodi also claimed that Mbijiwe’s mother had neither filed a missing persons report nor recorded a statement with the police, opting instead to move directly to court.
But under questioning by Justice Muya, the investigating officer clarified that Mbijiwe’s mother had not refused to record a statement.
He told the court that two reports had been made: one by Mbijiwe’s wife at Lang’ata Police Station and another in 2021 by his stepmother, not his biological mother.
Lawyers representing Mbijiwe’s family dismissed the argument as a distraction, insisting that the key issue was not who filed the report, but the fact that a missing persons report had been lodged and investigations were required.
An unimpressed Justice Muya cautioned all parties against procedural manoeuvres, stressing the gravity of the case.
“Let’s not play games,” the judge warned, urging candour and cooperation as the court continues to seek answers over the analyst’s disappearance.
The court directed all parties to file and serve the relevant documents and ordered them to appear again on January 23 next year for further proceedings.
